BUDHUA BARUAH Vs. STATE OF ASSAM

JUDGEMENT

(1.) The instant bail application under Section 439(1), Code of Criminal Procedure is filed by the Petitioner Budhua Baruah in connection with Simalugari Police Station case No. 124 of 2009 under Section 366(A), IPC.

(2.) Heard Mr. P. Kataki, learned Counsel for the Petitioner as well as Mr. B.S. Sinha, learned Counsel for this Respondent State.

(3.) The prosecution case, in short, is that on 23.12.2009, one Sri Biran Gogoi lodged an FIR to the Officer In-charge of Simaluguri Police Station that on 21.12.2009 at about 11.00 a.m. while his 13 year old daughter was going to the market at Simaluguri Town, the present accused Petitioner of his village, kidnapped his said minor daughter from Simaluguri bus stand and thereafter he was not aware about her whereabouts. Therefore, he requested for recovery of his minor daughter by filing the aforesaid written ejahar.